Citation Nr: 21023171
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 14-30 961
DATE: April 20, 2021

ORDER

Entitlement to special monthly compensation (SMC) by reason of being housebound or based on the need of regular aid and attendance is dismissed.

FINDING OF FACT

In March 2021, prior to the promulgation of a decision in the present appeal, the Board received notification from the Veteran’s representative that the Veteran wishes to withdraw his appeal regarding the issue of entitlement to SMC by reason of being housebound or based on the need of regular aid and attendance.

CONCLUSION OF LAW

The criteria for withdrawal of the claim of entitlement to SMC by reason of being housebound or based on the need of regular aid and attendance have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1966 to May 1968.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.204.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.  In March 2021, prior to the promulgation of a decision in the present appeal, the Board received notification from the Veteran's representative that the Veteran wishes to withdraw his appeal as to the claim of entitlement to SMC by reason of being housebound or based on the need of regular aid and attendance. Hence, there remains no allegations of error of fact or law for appellate consideration regarding these claim.  Accordingly, the Board does not have jurisdiction to review this appeal and it must be dismissed.

 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Dodd, Ryan

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.